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Neil Beynon

Neil Beynon

 

Professional Information:

Year of Call: 1990
Devil Masters: The Hon. Lady Smith; The Hon. Lord Bannatyne
Qualifications: BA (Oxon) (Hons) in Law; LL.B (Dist); Dip L.P. Lord Reid Scholar on admission to the Faculty 

Appointments: Director of Terra Firma Chambers 


Biography:

Neil Beynon maintains a practice which is focused on commercial disputes of all types, but especially those which concern heritable property, shareholder/director/fiduciary and partnership disputes and construction matters. Many of his cases have involved substantive planning law issues. He has also developed a separate expertise in offshore related matters concerning both contractual issues and personal injury claims. 

He has appeared in the House of Lords, High Court of Justiciary, Inner House of the Court of Session (generally without Senior), Outer House (mainly Commercial Court), Sheriff Court, Employment Appeal Tribunal, Employment Tribunal and in Adjudication, Arbitration and Licensing Committee procedure. 

In addition Neil Beynon has substantive experience in regulatory crime, having acted for the defence in environmental, fishing, construction regulation and trading standards prosecutions most of which proceeded to trial. 

His opinion practice includes trust and executry matters and drafting/revising or advising on deeds and contractual/commercial documentation. 

Recent work has included acting as sole Counsel for a substantive shareholder of a large Scottish private company in a multi jurisdictional dispute concerning shareholder, trust, employment and corporate governance issues. 

Neil’s main interest outside legal practice is music, and choral music in particular. He has conducted the Faculty of Advocates Choir for the past four years. Under his direction, and with the support of the Faculty’s Office Bearers, the Choir has continued to provide an annual charity concert at the Queens Hall in Edinburgh. These concerts have raised many thousands of pounds for Edinburgh City Mission, a charity which helps some of the most disadvantaged people in Edinburgh. During this period the Choir has performed Purcell’s Dido and Aeneas (2006) and sung in leading Churches in Paris, Rome and Venice as well as at St. Giles’ Cathedral in Edinburgh.  


Illustrative Cases: 

  1. McCann's Executors v Great Lakes Insurance (UK)Plc 2013 SLT 393: construction and application of sole cause clause in personal accident insurance policy.
  2. Phimister v DM Hall LLP 2013 SLT 261: Extent of duty of care of surveyor instructed to provide residential mortgage valuation report.
  3. The Harbro Group Limited v MHA Auchlochan [2013] CSOH 8: Claim for damages for alleged breach of missives; whether Pursuers had pled a case suitable for inquiry as a holiday company in respect of trading activity of wholly owned susidiaries; answer in the affirmative.
  4. Tetlow v The Firm of AMS Joiners [2012] CSOH 27: Action for reduction of a court decree in construction dispute. 
  5. Commercial mediation acting for the employer: major ongoing dispute in Commercial Court, Court of Session, January 2012.
  6. Quantum v Wren Insurance Services Ltd [2011] CSIH 8, 2012 SLT 481: Legal expenses insurance; extent of cover and disclosure issues.
  7. Primary Health Care Centres (Broadford) Limited v Humphrey & Others [2011] CSOH 92: meaning of final interlocutor in context of award of expenses; form of account required.
  8. Ritchie v Aberdeen City Council [2011] CSIH 22: Licensing appeal - whether reasoning of decision maker adequate and/or unreasonable.
  9. MacDonald v Wood Group Engineering (North Sea) Limited [2010] CSOH 165: Offshore accident; breach of statutory and common law duties; discussion of authorities on manual handling regulations.
  10. Primary Healthcare Centres (Braodford) Ltd v Humphrey and Others [2010] CSOH 129 (No. 2): Whether former partners liable as co-cautioners for tenant's obligations in a commercial lease. 
  11. Primary Health Care Centres (Broadford) Ltd v Ravangave and others [2009] SLT 673: Landlord and tenant; partnership; defence of res judicata invoked successfully.
  12. Ward v Norwich Union [2009] CSOH 27: Personal accident insurance; causation and exclusion clause issues.
  13. Aitken v Standard Life Insurance [2008] CSOH 162: Pension contract; implied term and unilateral obligation issues.
  14. Seabourne Developments Ltd v The Shiprow Development Company Ltd [2007] CSIH 90: missives; occupational leases. 
  15. DFR Properties Ltd v Glen House Properties and Others [2007] CS 74: heritable property; implied term issue. 
  16. Liquidator of Tay Square Properties Ltd, Noter 2005 SLT 468: insolvency; whether company director obliged to answer questions on oath in liquidation process.
  17. Howie v CGU Insurance plc [2005] CSOH 110: buildings and contents insurance; relevance of international authority; Commercial Court.
  18. Sietech Hearing Ltd v Borland and Others [2003] CSOH: breach of implied contractual duties; intellectual property claims. 
  19. Cyma Petroleum (UK) Ltd v Total Logistics Concepts Ltd 2004 SLT (Sh. Ct.) 112: procedure. 
  20. Sykes (S) & Sons (Fish Merchants) Ltd v Grieve 2002 SLT (Sh. Ct.) 15: standard security; effect of unopposed calling up notice. 
  21. Evans v Argus Healthcare (Glenesk) Ltd 2001 SCLR 117: servitude; missives; implied conditional waiver. 
  22. City of Aberdeen Council v Clark 1999 SLT 613 (IH): rent review: stated case and subsequent arbitration. 
  23. Wadbister Offshore Ltd v Adam 1998 SLT 1230: Environment Act 1995; amendment of complaint by Crown.

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